Ascensia Management Inc. Acceptable Use Policy described below defines the actions
which Ascensia Management Inc. considers to be abused and strictly prohibited. There are no
exclusions in this listing. Please, be aware that the actions listed
below are also prohibited from other Internet Presence Providers (IPP's)
and their users on behalf of Ascensia Management Inc. to advertise any service hosted by Ascensia Management Inc.
or connected via the Ascensia Management Inc. Network. As defined by the Federal Trade
Commission Deception Policy Statement, such services are not to be
advertised by way of deceptive marketing policies. For abbreviation
purposes, Ascensia Management Inc. will be referred as Ascensia Management Inc. and companies or
individual account owners using our services as CUSTOMERS.
Ascensia Management Inc. Acceptable Use Policy has been formulated with the following goals in mind:
- Ensure security, reliability and privacy of Ascensia Management
Inc. systems and network, and the networks and systems of others.
- Avoid situations that may cause Ascensia Management Inc. to incur civil liability.
- Maintain the image and reputation of Ascensia Management Inc. as a responsible organization.
- Preserve the value of Internet resources as a conduit for free expression.
- Encourage the responsible use of net resources,
discouraging practices which degrade the usability of network resources
and thus the value of Internet services.
- Preserve the privacy and security of individual users.
The Acceptable Use Policy below defines
the actions which Ascensia Management Inc. considers to be abusive, and
thus, strictly prohibited. The examples named in this list are
non-exclusive, and are provided solely for guidance to Ascensia
Management Inc. customers. If you are unsure whether any contemplated
use or action is permitted, please send mail to admin@webhanced.com and
we will assist you. Please note that the actions listed below are also
not permitted from other Internet Service Providers on behalf of, or to
advertise, any service hosted by Ascensia Management Inc., or connected
via the Ascensia Management Inc. network. Furthermore, such services
may not be advertised via deceptive marketing policies, as defined by
the Federal Trade Commission Deception Policy Statement.
Acceptable Use Policy ("AUP")
- General Information. As a provider of Internet/World Wide Web
access, web site hosting, and other Internet-related services, Ascensia
Management Inc., INC. (“the Company”) offers its customers, the means
to acquire and disseminate a wealth of public, private, commercial, and
non-commercial information. the Company respects that the Internet
provides a forum for free and open discussion and dissemination of
information, however, when there are competing interests at issue, the
Company reserves the right to take certain preventative or corrective
actions. In order to protect these competing interests, the Company has
developed this Acceptable Use Policy (“AUP”), which supplements and
explains certain terms of each customer's respective service agreement
and is intended as a guide to the customer's rights and obligations
when utilizing the Company’s services. This AUP will be revised from
time to time. A customer's use of the Company's services after changes
to the AUP are posted on the Company's web site,
http://www.inmotionhosting.com under the Legal Details section, will
constitute the customer's acceptance of any new or additional terms of
the AUP that result from those changes. One important aspect of the
Internet is that no one party owns or controls it. This fact accounts
for much of the Internet's openness and value, but it also places a
high premium on the judgment and responsibility of those who use the
Internet, both in the information they acquire and in the information
they disseminate to others. When subscribers obtain information through
the Internet, they must keep in mind that the Company cannot monitor,
verify, warrant, or vouch for the accuracy and quality of the
information that users may acquire. For this reason, the user must
exercise his or her best judgment in relying on information obtained
from the Internet, and also should be aware that some material posted
to the Internet is sexually explicit or otherwise offensive. Because
the Company cannot monitor or censor the Internet, and will not attempt
to do so, the Company cannot accept any responsibility for injury to
its users, customers or subscribers that results from inaccurate,
unsuitable, offensive, or illegal Internet communications. When users,
customers or disseminate information through the Internet, they also
must keep in mind that the Company does not review, edit, censor, or
take responsibility for any information its users, customers or
subscribers may create. When users place information on the Internet,
they have the same liability as other authors for copyright
infringement, defamation, and other harmful speech. Also, because the
information they create is carried over the Company’s network and may
reach a large number of people, including both customers and
subscribers and non-subscribers of the Company, customers’ and
subscribers' postings to the Internet may affect other customers and
subscribers and may harm the Company's goodwill, business reputation,
and operations. For these reasons, customers and subscribers violate
the Company policy and the service agreement when they, their
customers, affiliates, or subsidiaries engage in activities described
herein.
- Scope. This AUP governs the usage of the Company's
products and services (the "Services"). This AUP is incorporated by
reference into each contract the Company enters into with a customer
(each, a "Customer") for the use of such Services. the Company may
modify this AUP at any time without notice. In addition, this AUP is
incorporated by reference into the Terms of Service applicable to the
Company's Web site so that no person who utilizes the Company's Web site
(regardless of whether that person is a Customer) may take any action
utilizing the Company's Web site that a Customer would be prohibited to
take utilizing the Services.
- Purpose. The purpose of this AUP is to enhance the
quality of the Services and to protect the Company's customers, and the
Internet community as a whole, from illegal, irresponsible, or
disruptive Internet activities. This AUP applies to each Customer and
its employees, agents, contractors or other users of such Customer who
obtain Services from the Company (each such person being a "User"). Each
User should use common sense and good judgment in connection with the
Services. Parents or guardians should always supervise minors in using
the Internet. Parents and guardians should remain aware at all times of
what is on the Internet and how the minors under their care are using
the Services and the Internet.
- Prohibited Uses. Customers and Users may not:
- Utilize the Services to send unsolicited bulk
and/or commercial messages over the Internet (known as “spam” or
"spamming"). It is not only harmful because of its negative impact on
consumer attitudes toward the Company, but also because it can overload
the Company's network and disrupt service to its Customers subscribers.
Maintaining an open SMTP relay is prohibited. Any direct action,
configuration, or setting that causes excessive outbound email traffic
is subject to review and possible action. When a complaint is received,
the Company has the absolute and sole discretion to determine from all
of the evidence whether the email recipients were from an "opt-in" email
list, or whether the outbound email traffic generated from an account
is suitable for a shared hosting environment.
- Utilize the Services in connection with any
illegal activity. Without limiting the general application of this rule,
Customers and Users may not:
- Utilize the Services to copy material
from third parties (including text, graphics, music, videos or other
copyrightable material) without proper authorization;
- Utilize the Services to misappropriate
or infringe the patents, copyrights, trademarks or other intellectual
property rights of any third party;
- Utilize the Services to traffic in
illegal drugs, illegal gambling, obscene materials or other any products
or services that are prohibited under applicable law;
- Utilize the Services to export
encryption software to points outside the United States in violation of
applicable export control laws;
- Utilize the Services to Forge or
misrepresent message headers, whether in whole or in part, to mask the
originator of the message; or
- Utilize the Services in any manner that violates applicable law.
- Utilize the Services in connection with any
tortious or actionable activity. Without limiting the general
application of this rule, Customers and Users may not:
- Utilize the Services to publish or
disseminate information that (A) constitutes slander, libel or
defamation, (B) publicizes the personal information or likeness of a
person without that person’s consent or (C) otherwise violates the
privacy rights of any person. Utilize the Services to threaten persons
with bodily harm, to make harassing or abusive statements or messages,
or to solicit the performance of acts or services that are illegal under
applicable law.
- Utilize the Services in connection with
any other disruptive or abusive activity. Without limiting the general
application of this rule, Customers and Users may not:
- Utilize the Services to cause
denial of service attacks against the Company or other network hosts or
Internet users or to otherwise degrade or impair the operation of the
Company’s servers and facilities or the servers and facilities of other
network hosts or Internet users; or
- Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or
- Utilize the Services to offer
mail services, mail forwarding capabilities, POP accounts or auto
responders other than for the User’s own account; or
- Utilize the Services to resell access to CGI scripts installed on the Company’s servers; or
- Utilize the Services to subvert,
or assist others in subverting, the security or integrity of any the
Company systems, facilities or equipment; or
- Utilize the Services to gain unauthorized access to the computer networks of the Company or any other person; or
- Utilize the Services to provide
passwords or access codes to persons not authorized to receive such
materials by the operator of the system requiring the password or access
code; or
- Utilize the Services to (A)
forge the signature or other identifying mark or code of any other
person, (B) impersonate or assume the identity or any other person, or
(C) engage in any other activity (including "spoofing") to attempt to
deceive or mislead other persons regarding the true identity of the User
(excluding the use of anonymous re-mailers or Internet nicknames); or
- Utilize the Services to
distribute or post any virus, worm, Trojan horse, or computer code
intended to disrupt services, destroy data, destroy or damage equipment,
or disrupt the operation of the Services; or
- Utilize the Services to conduct
port scans or other invasive procedures against any server (except any
server for which the User is an authorized system administrator); or
- Utilize the Services to
distribute, advertise or promote software or services that have the
primary purpose of encouraging or facilitating unsolicited commercial
e-mail or Spam; or
- Utilize the Services to solicit
or collect, or distribute, advertise or promote, e-mail address lists
for the purpose of encouraging or facilitating unsolicited commercial
e-mail or Spam; or
- Utilize the Services in any
manner that might subject the Company to unfavorable regulatory action,
subject the Company to any liability for any reason, or adversely affect
the Company’s public image, reputation or goodwill, including, without
limitation, sending or distributing sexually explicit, hateful, vulgar,
racially, ethnically or otherwise objectionable materials as determined
by the Company in its sole discretion; or
- While on a shared hosting
platform, utilize, operate, enable, execute, compile, upload or publicly
store source code, executable code, programs, or software packages
designed to perform tasks not directly associated with website/email
hosting, including, without limitation, (A) directly opening any
listening port, (B) starting any ‘daemon’ process, (C) performing
local/remote security scans, (D) simulating local shell/OS access by
means of a tunneled/encapsulated connection to a remote host, (E)
circumventing firewall restrictions, (F) connecting to any IRC/Peer to
Peer file sharing server/network, (G) providing ‘tracker’ services to
‘BitTorrent’ clients and/or (H) exploiting web browser vulnerabilities,
as determined by the Company in its sole discretion; or
- Attempt to attack, disrupt, or
abuse the support- and contact-related mechanisms of the Company,
including, but not limited to, telephone lines, email addresses, fax
lines, bulletin boards or contact/signup forms; or
- Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons;
- Violations
- Disclaimer. the Company expressly disclaims any
obligation to monitor its Customers and other Users with respect to
violations of this AUP. the Company has no liability or responsibility
for the actions of any of its Customers or other Users or any content
any User may post on any Web site.
- Reporting Non-Copyright Violations. the Company
encourages Users to report violations of this policy by e-mail to:
abuse@inmotionhosting.com, including in any such report the name of the
offending domain (for example, xyz.com) and the type of abuse (for
example, Spam, illegal acts, harassment, etc.) in the "subject" field of
the e-mail.
- Reporting Copyright Violations. the Company
complies with the Digital Millennium Copyright Act ("DMCA"). the Company
encourages Users to report an alleged copyright infringement involving a
user by sending a notice that complies with the DMCA which information
is located under the Legal section of this website to
legal@inmotionhosting.com.
- Remedies. If the Company learns of a violation
of this AUP, the Company will respond to the applicable Customer and
may, in the Company’s sole discretion, take any of the following
actions, in accordance with the severity and duration of the violation:
- Warning the Customer; and/or
- Suspending the offending Customer from the Services; and/or
- Terminating the offending Customer from the Services; and/or
- Imposing fees or charges on the offending Customer account in accordance with the applicable service contract; and/or
- Removing the offending content; and/or
- Taking other action in accordance with this AUP, the applicable service contract or applicable law.
- Reservation of Rights. the Company reserves the right to
cooperate with appropriate legal authorities in investigations of
claims of illegal activity involving the Company’s Services, Customers
and other Users. the Company reserves all other rights to respond to
violations of this AUP to the extent of applicable law and in accordance
with any applicable contractual obligations. the Company may utilize
technical means to monitor communications into, and out of, its network
facilities to prevent the introduction of viruses or other hostile code,
to prevent intrusions and otherwise to enforce this AUP and each
Customer agrees that the Company is authorized to monitor its
communications through the Company's network for such purposes.
Revised: April 2, 2014